RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant)

Case summary

Case ID

UKSC/2020/0175

Parties

Appellant(s)

Secretary of State for the Home Department

Respondent(s)

RA

Issue

In what circumstances is it “unduly harsh” to deport a foreign criminal in light of that person’s family life in the United Kingdom, and when are there “very compelling circumstances” against deportation?

Facts

HA and RA are non-British nationals from Iraq. Both of them are in settled relationships with British women and they both have a child or children who are British nationals. They both committed criminal offences for which they were sentenced, HA to 16 months’ imprisonment and RA to 12 months’ imprisonment.The Secretary of State decided to deport HA and RA but they each successfully appealed to the First-tier Tribunal. Following the Secretary of State’s successful appeal to the Upper Tribunal, the Upper Tribunal remade the deportation decision in each of their cases. The Upper Tribunal decided that the effect of HA’s or RA’s deportation on their partner and children would not be “unduly harsh” under section 117C(5) of the Nationality, Immigration and Asylum Act 2002 and that there were no “very compelling circumstances” which would make deportation a disproportionate interference with HA’s or RA’s Article 8 ECHR rights (or the Article 8 rights of their partners or children) under section 117C(6). HA and RA appealed to the Court of Appeal and the Court of Appeal allowed their appeals. The Secretary of State now appeals to the Supreme Court.

Date of issue

1 October 2020

Judgment appealed

Judgment details

Judgment date

20 July 2022

Neutral citation

[2022] UKSC 22

Judgment links

Judgment summary

20 July 2022

Appeal

Justices

Lord Reed

Lord Hamblen

Lord Leggatt

Lord Stephens

Lord Lloyd-Jones

Hearing dates

Full hearing

Start date

17 May 2022

End date

18 May 2022

Watch hearings

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